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Home My WebLink AboutZC 282; CONTINENTAL PROPERTIES INVESTMENT/NORMAN, F AND P; 89-030040; Public Facilities Fee Agreement/Release9 840040 0356 Recording Requested By and Return To: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ^::?:ouN;y;rA 19- m &s I VOVi s , M F I CpimrY-RO;OSDE« RELEASE OF AGREEMENT TO PAY PUBLIC FACILITIES FEES RF4.00 AR2.00 MG1.00 PLEASE TAKE NOTICE that the Agreement For Payment Or Public Facilities Fees between the City of Carlsbad and Continental Properties Investment & Norman, F. & P. {83-68) required by an Application for ZC-282 23 , as Document No. 83-269195 and recorded on is hereby released for the following reason: KX( Fees Paid and Obligation Satisfied | f Application Withdrawn ~~| Other DATED: 12/12/88 CITY OF CAKLSSAD MARTIN OR EN YAK Community Development Gi'rector ATTEST: ALEThA L. nAUT.E;.';<F.?;J7. 0357 STATE OF CALIFORNIA ) ) ss . COUNTY OF SAN DIEGO ) On January 5, 1988 _ ( before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz known to me to be the City Clerk_ of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the official seal. OFFICIAL SEAL KAREN R. KUNDTZ J NOTARY PUBLIC-CALIFORNIA J SAN DIEGO COUNTY * * My Comm. Exp. Sept. 27, 1989 J ********** ************„,***ml 4461 83-268195 .RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 OFF •!0-' 2C COUNfV .:;..•-.•' Space above this line for Recorder '"s"iA.se;, Documentary transfer tax: $ No fee NO FEE Signature of dec lair ant determining tax-firm name City of Carlsbad Parcel No. 204-110-31 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 20 day of by and between Continental Properties Investment Group June , 19 83 (Name of Developer) "Corporation" (Corporat ion, partnership, etc. ) "Developer" whose address is 3007 Washington Blvd., #200, , hereinafter referred (Street) Marina Del Rey, Ca. 90291 CCity, State, Zip Code) "~~——-~~~^ and Fred A. and Phyllis E. Norman, husband and wife (Name o"f Legal Owner) a , hereinafter referred to as (Corporation, etc.; "Owner" whose address is (Street) (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. v,.x RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: 22 Unit apartment complex on said Property, which development carries the proposed name of Carlsbad Apartments and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 3rd day of June 19 83 , with the City a request for a zone change from R-3 to R-\f-H hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 ,-- 1463 WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terras "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 < 1464 projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- 1465 . ' •*_-,,,.' 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. REV 4-2-82 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. -6- 2'82 1467 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: Stuart Schwartz, Wiytness for Joel M. Berlinsky DEVELOPER: Continental Properties Invstmentestme Joel M. JBerlinsky TITLE Executive Vrqg President ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: By VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager 1 (Notarial acknowledgement of execution by DEVELOPER and OWNER must be 1 attached.) Ascribed and sworn to before me tnii Notary Public e r.*mnrn\* . Prlnr-lnal nfflre San nieon nountv OFFICIAL SEAL E EVANSNOTARY PUBL.C - SAN DIEGO COUNTY . expiresQCT 4, 1985 -7- REV 4-2-82 State of California County of Los Angeles ss. Attached to Agreement Between Owner, Developer and the City of Carlsbad for the Payment of A Public Facilities Fee, dated June 20, 1983 On this the 2 8 thday of June before me, the undersigned Notary Public, personally appeared Joel M. Berlinsky proved to me on the basis of satisfactory evidence, in the form of the oath or affirmation of Stuart Schwartz , OFFICIAL SEAL LINDA DEE ROYER NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY cornm. expi.-os JAN IS, 19S5 | CREDIBLE WITNESS ACKNOWLEDGMENT FORM 7140 062 to be the person(s) whose name(s)is subscribed to the within he executed the sameinstrument and acknowledged that for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary's Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 State of California County of SS. OnthisthelSthdayof . June . 19_8_3beforeme, Linda Dee Royer Attached to Agreement Between Owner, Developer and the City Carlsbad for the Payment of A Public Facilities Fee, dated June 20, 1983 the undersigned Notary Public, personally appeared of Denis Karpeles _ ' —•-'— •"— ^ ~°— —T- -—-—-- OFFICIAL SEAL LINDA DEE ROYES (VOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY JWy comm. expires JAN 18, 1985 D personally known to me X] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) within instrument, and acknowledged that WITNESS my hand and official seal. _subscribed to the _executed it. GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 1469 EXHIBIT "A1 LEGAL DESCRIPTION The Land referred to in this report is situated in the State of Cali- fornia, County of San Diego, and is described as follows: Parcel B, in the City of Carlsbad, County of San Diego, State of California, as shown on Page 499 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, April 15, 1971. NO.NN00627 (Individual) STATE OF CALIFORNIA COUNTY OF ^ " t M5ii SAFECO Signature ^ ^^gs SA I lly Commission Expires Jan. 13.1984 uiiiiiunHiniNMiuniiiuiiHiminuuMiiiiHiil (This area for official notarial seal)